Only IP Lawyers Full Understand International Patent Rules

Anyone who is considering a patent application would do well to first inspect the market they are in, and check out any patents, both nationally and internationally, that are for designs similar to that being considered for registration.

Any commercial enterprise with a patent will naturally be on the lookout for fresh applications that may be made, which could have a negative effect on their business. By spotting relevant applications at the publication stage, they will then have the opportunity to challenge a new application that might infringe their existing patent, or at the very least have the potential to upset their current sales. You can generally find this information in official journals.

There is not yet an international set of laws for patents, with every country having its own rules and regulations. So, depending on the country providing jurisdiction over the patent application, it may be possible to lodge an objection at the early, application stage - arguing that the patent should not be granted. This set-up does, however, have a downside for the applicant; whilst they are spending time defending any formal opposition to the application, their advance or discovery could be being taken advantage of by others as it is temporarily unprotected.

Any objections or applications have to be entered promptly. In a situation where there are two related patents, delay could lead to an accusation that the opposer has effectively ruled themselves out, and accepted that the new application is, in effect, valid.

In some countries you are not able to lodge an objection at an early stage, so if you are connected with a patent, you should consult a specialist intellectual property lawyer early on so that you are aware of the situation in any markets important to your development. In the USA, for example, it is not possible to object at the application stage, although it is permissible to request a re-examination by the relevant patent office; and this might bring new information to the attention of the officials looking into the application. This could result in the patent being re-drafted to include more comprehensive language, which might also help others interested in similar procedures or products.

In the UK, the process includes a thorough investigation at an early stage, which leads to few objections. In contrast, the situation in the German market is that there is no early search against existing patents, which leads to many more objections by interested parties; in practice, this is the only way for a rival to register their interest.

Patent law is complicated - getting it wrong can be financially disastrous. Make sure you take early intellectual property advice from specialist IP Lawyers.